NYC MEDICAL MALPRACTICE ATTORNEYS WITH 50 YEARS OF EXPERIENCE
At Spar & Bernstein, we have a proven track record of successfully resolving personal injury cases. If you have been injured due to medical malpractice, our experienced team will efficiently and compassionately represent you to pursue the compensation you deserve.
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WHY HIRE SPAR & BERNSTEIN FOR MEDICAL MALPRACTICE CASES?
Our experienced team is comprised of the top attorneys in New York. Our team is knowledgeable, passionate and ready to fight on your behalf.
Our compassionate attorneys will investigate the details of your medical malpractice case, determine your options, provide recommendations and represent you throughout the entire process.
WHAT IS MEDICAL MALPRACTICE?
Medical malpractice occurs when a patient is injured due to the negligence of a heath care provider or professional.
The law requires health care professionals to adhere to a standard of care. If this standard is not met, responsible parties may face a medical malpractice lawsuit.
MEDICAL MALPRACTICE CLAIMS RECOGNIZED BY NEW YORK STATE LAW
The most common medical malpractice claims recognized by New York state law include negligence, misdiagnosis or failure to diagnose, wrongful drug administration, surgical error and unreasonable delay, among others.
NEW YORK MEDICAL MALPRACTICE LAWS
The statute of limitations states that a medical malpractice claim must be filed within two and a half years of the date of the malpractice.
If treatment was ongoing and the patient continued to see the doctor after the malpractice, the deadline extends to two and a half years from the last appointment.
The discovery rule states that the statute of limitations may begin on the date of the discovery, if it differs from the date of the malpractice.
In New York, this rule applies only in medical malpractice cases where a surgical instrument is left inside a patient’s body.
Lavern’s Law extends the statute of limitations in medical malpractice cases that involve a missed cancer diagnosis.
In this case, the statute of limitations is extended to two and a half years from the discovery of the misdiagnosis. The law also includes an “outer limit” of seven years from the missed diagnosis.
Amount of recovery states that in New York, there is no cap on the amount of damages one can recover in a medical malpractice case.
WHO IS LIABLE FOR MEDICAL MALPRACTICE IN NEW YORK?
The parties that may be held liable for medical malpractice in New York include any healthcare provider that was responsible for the injury, including doctors, nurses, surgeons, hospice care centers, hospitals, nursing homes and more.
TYPES OF COMPENSATION FOR MEDICAL MALPRACTICE IN NEW YORK
Medical malpractice can result in long-term treatment and rehabilitation. If you sustain an injury due to medical malpractice, you can pursue compensation for your medical bills.
Pain And Suffering
If you experience pain and suffering due to medical malpractice, you can seek damages from those who are liable.
If your injury causes you to miss work or leaves you unable to work, you can pursue compensation for lost wages and earning potential.
Loss Of Enjoyment
If your quality of life is affected by your injury, you can seek compensation for loss of enjoyment.
Compensation For Wrongful Death
If you lose a loved one due to medical malpractice, you can seek compensation for wrongful death.
NYC MEDICAL MALPRACTICE FAQS
Who Can File A Medical Malpractice Claim?
If a child is injured, the claim can be filed by the family members or the child’s guardians.
In a wrongful death case, the claim can be filed by a spouse, children, parents or personal representative for the deceased’s estate.
What Are The Legal Standards For Establishing Medical Malpractice?
- You were provided with medical care that deviated from what a reasonable doctor would provide under the same circumstances
- You were harmed as a result of the treatment received
What Are The Most Common Types Of Medical Malpractice?
- Negligence by omission
- Misdiagnosis/Failure to diagnose
- Wrongful drug administration
- Unreasonable delay
- Surgical errors
- Anesthesia errors
- Birth injuries
- Emergency room errors
- Lack of informed consent
- Nursing home abuse and neglect
At Spar & Bernstein, we offer a free initial consultation to research your case and provide legal advice to determine your options.
Who Can Be Held Responsible For Medical Malpractice?
- Specialists (gynecologists, cardiologists, neurologists, etc.)
- Medical facilities
- Nursing homes
When Should I File A Medical Malpractice Claim?
Exceptions extend to situations where you were not aware of the healthcare provider’s error. In this case, the rule of discovery applies, extending the deadline to file a medical malpractice claim as follows:
- For a foreign object in the body — within one year after the discovery
- For failure to diagnose cancer — within two and a half years after the discovery, but not more than seven years after the missed diagnosis
What Is Negligence By Omission?
What Is Unreasonable Delay?
What Is Wrongful Drug Administration?
What Is Informed Consent?
If I Signed A Consent Form, Am I Able To File For Medical Malpractice?
I Was Discharged From Hospital Too Early. Is This Medical Malpractice?
I Was Injured By A Defective Medical Device. Can I File A Medical Malpractice Claim?
If you have been injured by a defective medical device during a treatment or medical procedure, you may have grounds to file a product liability claim.
At Spar & Bernstein, we handle both medical malpractice and product liability cases. Contact us for a free initial consultation to review the details of your case and determine next steps.
How Can I Get A Copy Of My Medical Records?
How Long Does A Medical Malpractice Lawsuit Take?
Can I Hire A Lawyer If I Cannot Afford Legal Services?
After your case is resolved and you receive your settlement, we collect a percentage of the net amount you received, as payment for our services.
What Types of Personal Injury Lawyers Spar & Bernstein Has?
- Nursing Home Negligence Lawyer
- Wrongful Death Lawyer
- Product Liability Lawyer
- Premises Accidents Lawyer
- Construction Accident Lawyer
- Motor Vehicle Accident Lawyer
- Bus Accident Lawyer
- Truck Accident Lawyer
- T-Bone Collision Lawyer
- Nursing Home Negligence Lawyer
- Train Accident Lawyer
- Hit and Run Lawyer
- Birth Injury Lawyer
- Burn Injury Lawyer
- Drunk Driver Accident Lawyer
- Bicycle Accident Lawyer
- Pedestrian Accident Lawyer